Kansas Fairness In Private Construction Contract Act

Our Act was the featured bit of legislation offered in the Journal of the Forum on the Construction Industry and was the basis for a 50 state review...which also found our Act to be  "...unique in its breadth."

So the rest of the construction world will now look to Kansas for the standard on construction contracts?

All contracts to be performed in Kansas must be litigated in Kansas?

Note the last paragraph [subsection (e)]of the revised K.S.A. 16-121. Does this mean all disputes arising out of contracts to be performed in Kansas must be litigated in Kansas?

Kansas legislation

We need to stay on top on the Fairness In Public Construction Act (SB 516)...this note from Associated Builders & Contractors:

"Fairness in Public Construction Act (SB 516) - The Senate Commerce Committee held a hearing on SB 516.  The bill reads "all persons who enter into a contract for public construction after the effective date of this act, shall make all payments pursuant to the terms of the contract.  All contracts for public construction shall provide that payment of amounts due a contractor from an owner, except retainage, shall be made within 30 days after the owner receives a timely payment.   If the owner fails to pay a contractor in a timely manner the owner shall pay interest to the contractor.  A contractor shall pay its subcontractors any amounts due within 7 business days of receipt of payment from the owner, including payment of retainage." This bill is similar to the private contract act that was passed last year, but this one includes public entities, such as the state, cities, counties, ect.  There are many specific provisions for the contracts, including: liability requirements, payment deadlines, retainage maximum,  and workers compensation provisions.  Proponents included several contractors including Western Extralite,  Building Erection Services, VHC Mechanical, and Bayer Excavating.  Associated General Contractors testified in opposition, but could support the bill with amendments. AGC cited that the retention provisions is the  primary problem with the bill and proposed an amendment adding a definition of substantial completion and allow for retention to be released after substantial completion of the project, rather than when individual work is done.  Other opponents included the City of

Overland Park

."

This is an important bill...contact your local representative.

Kansas Fairness In Private Construction Contract Act - What It Means To You

On April 18, 2005 Kansas Governor Kathleen Sebelius signed into law the Fairness in Private Construction Contract Act, which will take effect on July 1, 2005.

The sweeping changes contained in this law suggest that most contractors should immediately revisit their construction documentation and their policies and procedures related to payment and collection with their attorneys.

Find out what this new legislation means to you by participating in a free teleseminar presented by MidwestConstructionLaw.com and hosted by me.

Free Construction Teleseminar
Kansas Fairness In Private Construction Contract Act - What It Means To You

Reserve your seat by visiting www.midwestconstructionlaw.com/kansaspay.htm

I will interview several other construction law attorneys and uncover what every contractor needs to know about this new legislation. 

Since the format is a teleseminar, you may attend from the convenience of your office or even in the field.

Tuesday, June 21st - Noon Central Time

Noon Central /10 am Pacific / 11 am Mountain / 1 pm Eastern / GMT -6

When you enroll, you will receive a special teleconference phone number. On the day of the teleseminar, simply dial-in from any phone and listen to the panel discussion and interview on this timely topic. The seminar will last approximately 45 minutes.

Reserve your seat by visiting www.midwestconstructionlaw.com/kansaspay.htm

I have posted an article outlining the changes contained in this bill at MidwestConstructionLaw.com